RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of March 31, 2016 No. 1

About accomplishment of the resolution of the Plenum of the Supreme Court of the Republic of Belarus by courts of March 29, 2001 No. 1 "About judicial examination on criminal cases" and introduction in it of changes and amendments

The plenum of the Supreme Court of the Republic of Belarus notes that with increase in level of scientific knowledge, development of technologies, enhancement of the equipment possibilities of expert researches extend, the role and value of judicial examination in case of production on criminal cases increase.

With respect thereto observance of established procedure of appointment and conducting examinations is important for removal of legal and reasoned decisions by courts.

Results of studying and generalization of court practice demonstrate that courts generally correctly resolve the questions connected with appointment and conducting examinations. It is objectively promoted by the explanations containing in the resolution of the Plenum of the Supreme Court of the Republic of Belarus of March 29, 2001 No. 1 "About judicial examination on criminal cases".

At the same time in work of the courts there are also shortcomings. Mistakes in case of permission of petitions of participants of process for purpose of examinations, statement before experts of questions are made, collection of the examinations of procedural costs connected with carrying out. Not always expert opinions receive proper assessment in sentences that in some cases attracts cancellation of judgments.

For the purpose of ensuring the correct and uniform application of the legislation, prevention of miscarriages of justice the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts to need of strict observance in case of the appointment and conducting examinations of requirements of the legislation and explanations containing in the resolution of the Plenum of the Supreme Court of the Republic of Belarus of March 29, 2001 No. 1 "About judicial examination on criminal cases".

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